Disposed¶22

Dibakar Maharana v. State of Odisha

Orissa HC11 Apr 2025ABLAPL/1453/2025

Case brief

AI extract

What is this about?

Orissa High Court, Justice V. Narasingh, 11.04.2025 - anticipatory (pre-arrest) bail application ABLAPL No.1453 of 2025 disposed with conditional bail-on-surrender directions for BNS offences (Ss.126(2)/296/115(2)/309(4)/3(5)) in B.N. Pur P.S. Case 596/2024 / G.R. Case 2766/2024, Berhampur; conditions: antecedent verification, Apex Court challenge check, investigative cooperation.

What did the court decide?

Conditional pre-arrest bail directions: surrender within three weeks and move for bail; release on bail by the court in seisin on terms deemed just and proper, subject to verification of criminal antecedents of similar nature and verification whether this order was assailed before the Apex Court; cooperation with ongoing investigation required. ¶22

Dibakar Maharana Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the Petitioner should be granted pre-arrest (anticipatory) bail in connection with G.R. Case No.2766 of 2024 arising out of B.N. Pur P.S. Case No.596 of 2024.

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Ratio / Principle

On consideration of the nature of allegation, submissions and injuries, the Court directs conditional pre-arrest bail: the Petitioner is to surrender within three weeks and move for bail, and shall then be released on bail by the court in seisin on such terms as deemed just.

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Key takeaways

The release direction is conditioned on proper terms including verification of the Petitioner's criminal antecedent of a similar nature.ratio¶18
If it transpires that the Petitioner has such a criminal antecedent, the order shall not be given effect to.ratio¶19
Before releasing the Petitioner, the court in seisin must verify whether this order has been assailed before the Apex Court and, if so, the result thereof.ratio

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No. 1453 of 2025) of Dibakar Maharana, sought in connection with G.R. Case No.2766 of 2024 (S.D.J.M., Berhampur, Ganjam) arising out of B.N. Pur P.S. Case No.596 of 2024 for offences punishable under Sections 126(2)/296/115(2)/309(4)/3(5) of BNS, disposed of by the High Court of Orissa at Cuttack (Justice V. Narasingh) on 11.04.2025 with a conditional grant: the Petitioner is to surrender within three weeks and move for bail, whereupon he shall be released on bail by the court in seisin on terms deemed just and proper, subject to (i) verification of criminal antecedents of similar nature, failing which the order shall not be given effect, and (ii) verification whether the order has been assailed before the Apex Court; cooperation with the ongoing investigation is required.

Dibakar Maharana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dibakar Maharana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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